High Court judge, Justice Pisirayi Kwenda, has directed the Zimbabwe Prisons and Correctional Service (ZPCS) to ensure that businessman Mike Chimombe appears in court this afternoon. This follows Chimombe’s repeated failure to attend his fraud trial, where he stands accused, alongside his co-defendant Moses Mpofu, of defrauding the state of US$7 million in a failed goats tender.
Mike Chimombe was due to appear in court at 10:00 AM today but was once again absent, reportedly due to health issues. This marks the second time in recent weeks that his absence has stalled the proceedings. Last week, the court had postponed the trial after being informed that Chimombe was unwell and required seven days to recover. However, his continued absence today prompted a strong response from Justice Kwenda.
Expressing frustration over the delay, Justice Kwenda rebuked ZPCS officers for failing to comply with court orders. Addressing an officer in charge at the High Court, PC Chikoto, Kwenda emphasized the statutory obligation of ZPCS to ensure Chimombe’s presence in court.
“It is your responsibility to bring the accused to court. This is your statutory obligation. That’s why you exist,” the judge sternly stated. Chikoto suggested that Mike Chimombe could appear on Tuesday, but Justice Kwenda dismissed the suggestion, making it clear that the court would not entertain further delays. “It is not up to you to decide when the accused will be in court. You are under court orders. He should be here by 2 PM today, or you will explain why he hasn’t appeared,” the judge ordered.
Mike Chimombe’s defense lawyer, Professor Lovemore Madhuku, requested another postponement, citing ongoing health concerns. Acting on instructions from Mike Chimombe’s representative, Ashiel Mugiya, Madhuku relayed that the businessman had been advised to continue resting from February 28. This information was reportedly based on updates from co-accused Mpofu and Mike Chimombe’s relatives.
However, Justice Kwenda remained unconvinced. He noted that the trial had already suffered significant delays, spanning five months due to various reasons. He further criticized both the prosecution and defense for failing to keep the court informed about Mike Chimombe’s whereabouts in a timely manner, thereby exacerbating the disorder surrounding the case.
Madhuku also raised concerns about a simultaneous appeal at the Supreme Court involving Mike Chimombe and Mpofu, arguing that it was legally improper for two courts to handle matters involving the same individuals concurrently. However, Justice Kwenda dismissed this argument, asserting that the trial would proceed as scheduled. “If you want to be at the Supreme Court, the court will sit and deal with the matter. The court is fair and aware of his rights to legal representation,” Kwenda remarked.
The prolonged delays in the case have raised broader concerns about the efficiency of Zimbabwe’s legal system. Witnesses have been left uncertain about when the trial will commence, causing frustration among those involved. Justice Kwenda expressed his disappointment that the trial had not started despite being scheduled months ago.
Additionally, he suggested that the stakeholders reconsider the need for live-streaming the proceedings, given the ongoing disruptions. The judge also issued a warning to witnesses, instructing them to remain within the court’s jurisdiction in case they are called on short notice.
As it stands, the case against Chimombe and Mpofu remains unresolved, but Justice Kwenda has made it clear that there will be no further tolerance for delays. The court is set to reconvene this afternoon to ensure Mike Chimombe is brought before the judge as previously ordered. With mounting pressure to proceed, all eyes remain on whether ZPCS will comply with the court’s directive and finally present Mike Chimombe in court, paving the way for the long-delayed fraud trial to begin.
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